Trouble with Wescot

[Delta-Charlie-76]

I had a letter (arrived 14/2/09) along with numerous missed calls from the cretins from Wescot for either a Credit Card or Current Acc I had with NATWEST between 2004 - 2005, I'm not sure which account they're dealing with.

 

So on Monday 17th February I sent them a CCA request with a mention of I will only communicate in writing & that I will not accept doorstep visiters etc, they still phone once a day leave a message on the 1571, the missus told them to go forth....., last Saturday when they phoned which left me gobsmacked, then yesterday I recieve a letter stating that unless I pay them the full ammount in 14 days they MAY send summonds or claim to Hull County Court, bearing in mind they are not in default with my CCA request until Thursday 5th March 2009, is this letter one of there threatograms or/and how do I respond to this?

 

Many thanks DC76:confused:

[tendogs]

Hi DC76 try this: -

 

I refer to my letter dated xxxx which was delivered via Recorded Delivery to your offices on xxxx. In my letter of the xxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time xxxxxx Ltd purchased it and xxxxxx was appointed to manage it, along with any other documents mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on xxxx and xxxx respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -(a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence.

 

Therefore as on xxxx this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed and not merely amended.

 

All payments made to date to xxxxxxxx Ltd for this account should be refunded in full, including interest at the rate of 8% per annum

 

I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the ]processing of my data in the manner it has been done over the past number of years.

 

After confirmation of the removal of all defaults, a refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force xxxxxxx Ltd or any other company within the group to comply with the removal of defaults entered, refund of all monies paid and compensation for damage and distress.

 

I look forward to your reply within 14 days to resolve the matter amicably

[tendogs]

and have a look here: -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan.html

[Delta-Charlie-76]

Thank you for the replys, just to check something:

 

The 30 day rule doesn't apply anymore because of the CPUTR 2008 or whatever its called?

[tendogs]

Yep, it's an old letter, sorry.

[Delta-Charlie-76]

No probs tendogs, I'm still fairly new to all this. Regarding the phone call that my missus answered from them & what she said & the way she said it whilst left me gobsmacked but also left me laughing, sadly what she said is not repeatable in a public forum.

[tendogs]

Good for her, I don't go in for DCA abuse, it does no good but I understand the urge and they are horrid.

[Delta-Charlie-76]

UPDATE:

 

CCA request in default as of 5th March 09, so over last weekend typed up a default letter & sent it recorded on Monday. Haven't had any phone calls from these cretins for over a week now.